SYED SADDIQ BIN SYED ABDUL RAHMAN

SYED SADDIQ BIN SYED ABDUL RAHMAN

Appeal allowed: convictions unsafe because prosecution failed to prove prima facie offences. Withdrawal alone did not satisfy any actus reus limb of criminal breach of trust (s.405) and thus abetment based on misappropriation was groundless; RM120,000 fundraising proceeds were shown to be for appellant’s campaign or held on his behalf (no proof of property belonging to another) so s.403 and predicate for AMLA were not established; trial judge committed material misdirection by failing to consider defence evidence and submissions as required by s.182A CPC and by relying on irrelevant/hearsay material and inconsistent witness evidence, rendering the convictions unsafe.

Citation
W-05(SH)-557-11/2023 (Mahkamah Rayuan)
Parties
Appellant: Syed Saddiq bin Syed Abdul Rahman; Respondent: Public Prosecutor
Court
SH
Jurisdiction
Malaysia
Judgment Date
25 June 2025
Case Number
W-05(SH)-557-11/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal Arising From High Court Convictions / Court of Appeal Judgment on Appeal (convictions Quashed, Acquittal Entered)
Outcome
Appeal allowed; convictions and sentences set aside; appellant acquitted and discharged of all charges
Legal Topics
Criminal Breach of Trust (s.405/406 Penal Code), Dishonest Misappropriation / Conversion (s.403 Penal Code), Abetment (ss.107 108 Penal Code), Money Laundering (amla S.4(1)(b)), Prima Facie Assessment and S.182 a CPC Obligation, Witness Credibility and Coercion/alleged Pressure, Admissibility/hearsay and Relevance
Source Language
Malay/English
Criminal Law Anti Money Laundering Law Evidence Law Electoral/campaign Finance Law Statutory/constitutional Interpretation (party Constitution) Criminal Breach of Trust (s.405/406 Penal Code) Dishonest Misappropriation / Conversion (s.403 Penal Code) Abetment (ss.107 108 Penal Code) +4 more

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Parties

Syed Saddiq bin Syed Abdul Rahman

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal Arising From High Court Convictions / Court of Appeal Judgment on Appeal (convictions Quashed, Acquittal Entered)

Legal Issues

  1. 1 Whether prosecution established prima facie offence of criminal breach of trust (s.405/406) and abetment (ss.107,108) based on withdrawal of RM1,000,000
  2. 2 Whether RM120,000 raised at fundraisers was property of another or belonged to appellant (re s.403 conversion/misappropriation)
  3. 3 Whether transfers into appellant’s ASB account constituted money‑laundering under AMLA predicated on s.403

Ratio Decidendi

Appeal allowed: convictions unsafe because prosecution failed to prove prima facie offences. Withdrawal alone did not satisfy any actus reus limb of criminal breach of trust (s.405) and thus abetment based on misappropriation was groundless; RM120,000 fundraising proceeds were shown to be for appellant’s campaign or held on his behalf (no proof of property belonging to another) so s.403 and predicate for AMLA were not established; trial judge committed material misdirection by failing to consider defence evidence and submissions as required by s.182A CPC and by relying on irrelevant/hearsay material and inconsistent witness evidence, rendering the convictions unsafe.

Court Disposition

Appeal allowed; convictions and sentences set aside; appellant acquitted and discharged of all charges

Orders

  • Convictions and sentences set aside
  • Appellant acquitted and discharged of the charges